Articles Posted in Employment Law

Following a DUI arrest, many people start to wonder what the consequences will be. Will they go to jail? Will they be able to drive? Will they be fired from their job? While all of these scenarios are possible, whether or not you will be fired from your job depends on a variety of factors such as what kind of job you have, and what the company employment policies are for criminal offense records that include DUI-related arrests. Another important thing to note is that an employer may decide to terminate a person’s employment for any reason, however that does not mean they always have a legal basis to do so.

An Orange County Sheriff’s deputy was fired last month after his March DUI arrest, when authorities allege they found his blood alcohol content was more than twice the legal limit to drive. 

The 56-year-old former deputy was in his truck about 3:30 a.m. March 18 when a Winter Garden police officer noticed him stopped beyond a crosswalk at an intersection, according to an OCSO internal affairs investigation. The truck did not move for two full cycles of the traffic signal and, when the officer walked to the driver’s side, she said she found the man with his head slumped on his chest with the truck still in drive.

The officer claims she repeatedly banged on the window and got no response from the man. When he awoke, the truck rolled further into the intersection, where cross traffic was traveling at 45 mph, according to reports.

The Winter Garden officer requested an ambulance for the man to make sure he was not in distress. After he was medically cleared, the officer began field sobriety tests with the former deputy, all of which she said he failed, including a one-leg stand and heel-to-toe steps.

She claims the man had red watery eyes and a strong smell of alcohol on him, as well as slurred speed. 

The man later consented to a breath test, which recorded his blood alcohol content at 0.165 and 0.179, the report said. Both are more than twice Florida’s legal limit to drive, 0.08.

The man, a deputy since 1996, was not on duty and was driving his personal vehicle at the time of his arrest. He had most recently been assigned to the agency’s special operations division in aviation, but had not been performing law enforcement duties since his arrest, the report said.

In May, the man pleaded no contest to reckless driving, after multiple attempts to suppress evidence from the traffic stop, court records show. He was sentenced to one day in jail, a DUI class and 75 hours of community service, all of which he completed.

The man was found in violation of the OCSO’s policy on conforming to laws.

Reckless driving is a misdemeanor and reports indicate that there are other OCSO personnel who have been arrested on DUI and not fired.

The man appealed his firing, but an administrative review upheld it. He is still awaiting a final decision from the Disciplinary Appeal Board, according to reports. 

If you are worried about getting fired after a drunk or drugged driving arrest, the best thing you can do is get legal help from our Florida Employment Law Attorneys at Whittel & Melton so that we can examine your arrest and make sure you do not make any potential mistakes when you meet with your employer to discuss the incident.

We understand just how much a DUI arrest and a person’s job can suddenly become two major problems to deal with. We have helped many drivers in your same predicament figure out how to handle these two separate, but related issues. 

The first step is to let us review your case information to see if we can legally protect your employment rights. Once we do, we can go over all of your options when alerting your employer about your arrest. If your employment duties require you to be able to drive for the company, or if you drive a company car, then you have to inform your employer of the DUI-related arrest offense immediately, as well as the possibility of a driver’s license suspension.

Most companies will need to be updated on any further happenings with your DUI matter. Let’s say a person was arrested for a DUI and did not tell their employer and continued to drive a company vehicle while their driver’s license was suspended, that person could very well be fired for their actions. Failing to disclose an arrest or license suspension is considered reasonable cause for an employee’s termination.

You may also be wondering if you can get fired for DUI even if you have not gone to court or been convicted. The answer is yes, it is possible, as many employers have company policies regarding DUI arrests and subsequent convictions regarding their employees.

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According to the Labor Department, a $5 million settlement has been reached with chip maker Intel Corp. over allegations of pay discrimination against its female, African American and Hispanic employees. 

As part of the agreement, Intel will pay $3.5 million in back wages and interest. It is also allocating at least $1.5 million in pay adjustments over the next five years for U.S. workers in engineering positions. 

Intel said Tuesday that it is pleased to have resolved the matter and said it achieved global pay equality in January. 

Like many other tech companies, Intel employs mostly white and Asian men, especially in technical positions such as engineering. According to its most recent diversity report , 27% of its employees are women, 9% are Hispanic and less than 5% African American.

Across the board, studies show women are frequently paid less than men for performing the same job. While the Equal Pay Act and Title VII of the Civil Rights Act are designed to prohibit such discrimination, pay disparity remains a problem for many Florida women, in part because the laws themselves include a number of procedural hurdles that must be cleared before an equal pay claim ever reaches a trial court.

Employees are supposed to be free from wage discrimination based on race, color, religion, gender, age, national origin, or disability. These rights are protected by the Equal Pay Act of 1963, and Title VII of the Civil Rights Act of 1964. Despite all these protections, there are many studies that document the significant wage disparities between men and women, and between white people and people of color. Sadly, this also means that the pay gap is the worst for women of color.

The Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 prohibit discrimination on the basis of gender, and require that men and women be paid equally for equal work. There are very important differences in these laws, which is why you need to work with an experienced and knowledgeable employment discrimination attorney who knows the differences between the two, and can advise you on the best course of action for you lawsuit.

In order to prove a case of race or gender-based wage discrimination an employee must show that an employer treats workers differently based on race, color, gender, or national origin.

Race-based wage discrimination is prohibited by Title VII of the Civil Rights Act of 1964, which states it is illegal for an employer to discriminate based on race. Race-based discrimination can be committed against an employee, or even someone who is applying for a job. Some examples of race-based discrimination includes: 

  • Pay rate
  • The decision whether or not to hire an applicant
  • Title
  • Promotion
  • Benefits

It is illegal for an employer to make an employment decision with regard to any of these terms of employment based on race, gender, color, or national origin. Race and gender-based discrimination does not necessarily have to be overt. An employer may have committed race or gender-based wage discrimination by implementing seemingly-neutral policies that disproportionately affect people of a particular race or gender.

A successful race or gender-based discrimination claim can include the following compensation: 

  • Back pay
  • Lost wages 
  • out-of-pocket expenses
  • Court costs and attorneys’ fees
  • Damages for emotional and mental anguish

Punitive damages, which are given out to punish your employer for violating the law. These are only awarded in situations where the employer acted intentionally or in a particularly egregious way.

With that said, many people facing discrimination in the workplace are scared to come forward out of fear of being retaliated against by their employer. Our Florida Discrimination Attorneys at Whittel & Melton want you to know that the law strictly forbids retaliation against employees for reporting illegal discrimination. If you have complained of discrimination or made a report to HR, and after you said something, your employer demoted or terminated you, or diminished your wages and/or benefits, you may very well have a claim for retaliation. To prove a claim of retaliation, you must prove that you suffered an adverse employment action because you complained about or reported discrimination.

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Did you know that in much of Florida, a person can be fired or not hired simply because they are gay, bisexual or transgender? 

Yes, blatant discrimination is still perfectly legal even after the U.S. Supreme Court ruled same-sex marriage to be legal more than four years ago. 

Currently, a bipartisan group of state lawmakers, backed by big business, is yet again trying to change that.

Multiple Tampa Bay-area legislators have introduced bills for the 2020 legislative session that would prohibit businesses from discriminating against their employees on the basis of gender identity or sexual orientation.

Both Senate Bill 206, sponsored by Sen. Darryl Rouson, D-St. Petersburg, and House Bill 161 would amend the state’s Civil Rights Act of 1992 to prohibit such discrimination. The act already prohibits discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age or handicap.

The bills also would prohibit businesses and landlords from discriminating for those same reasons, but the language allows for discrimination for religious reasons.

For nearly a decade now, lawmakers have tried to pass an anti-LGBTQ discrimination bill, but the efforts have not made headway in Florida’s GOP-controlled Legislature.

This leaves many questioning if this is the year change will happen. The public policy director for Equality Florida, created in 1997, which advocates on behalf of the LGBTQ community, said 60 percent of Floridians are protected from discrimination by ordinances passed by cities and counties, including Hillsborough and Pinellas and all three counties in South Florida.

The issue has widespread bipartisan support with recent polling showing nearly 70 percent of both Americans and Floridians back protections against anti-LGBTQ discrimination. Twenty states have already passed similar legislation.

Dubbed the “Competitive Workforce Act,” lawmakers are selling the legislation as not just the right thing to do, but as a way to lure businesses to Florida.

Some of the biggest political donors in the state, such as Disney and NextEra Energy, the parent company of Florida Power & Light, strongly support it. 

Those companies and more than 450 others have created a nonprofit to advocate for the bill, arguing that anti-LGBTQ discrimination costs the state an estimated $362 million a year in lost productivity, turnover and inability or difficulty recruiting employees.

Last year, the bills were co-sponsored by nearly half of all lawmakers, but Republican leadership in both chambers prevented the bills from getting a hearing in any committee.

Neither House Speaker José Oliva, R-Miami Lakes, nor Gov. Ron DeSantis responded to requests for comment about where they stand on next year’s bills.

Next week, the U.S. Supreme Court is set to hear arguments in three cases that deal with whether it’s legal to fire workers for their sexual orientation or gender identity.

Without statewide laws, being fired for being gay or transgender remains a real fear for many Floridians.

Discriminating against someone in the workplace due to their sexual orientation or gender identity is still a major issue in the United States, as this article points out quite clearly. Our Florida Discrimination Attorneys at Whittel & Melton firmly believe that no one should be discriminated against, regardless of who they are or what their sexual orientation is.

Examples of LGBTQ discrimination can include:

  • Being harassed by your boss or co-workers because of your sexual preference
  • Your co-workers or employer making derogatory comments about homosexual, transgender, or bisexual individuals
  • Being denied a promotion because of your sexual preference
  • Being treated differently by your boss because of your sexual orientation
  • Being denied insurance or other work benefits because of your sexual orientation

A federal appeals court recently ruled that the Civil Rights Act prohibits workplace discrimination against LGBTQ employees. While the court decided that “discrimination on the basis of sexual orientation is a form of sex discrimination,” there are still no federal laws that make it clear that LGBTQ discrimination in the workplace is against the law. Several states have passed bills to protect these workers, but most states are still without any type of anti-discrimination laws. 

The following states currently prohibit discrimination based on sexual orientation and gender identity:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Hawaii
  • Illinois
  • Iowa
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • Nevada
  • New Jersey
  • New Mexico
  • Oregon
  • Rhode Island
  • Utah
  • Vermont
  • Washington

The following states currently prohibit discrimination based on sexual orientation, but not gender identity:

  • New Hampshire
  • New York
  • Wisconsin

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On Thursday, numerous local government officials from 31 U.S. states pressured McDonald’s Corp’s to do a better job of protecting workers from groping, obscene comments and other forms of sexual harassment, adding their voices to an employee-led campaign that has seen walkouts at several stores.

In a letter to CEO Steve Easterbrook, 115 mayors, commissioners, city councilors and school board members asked McDonald’s to meet with workers, hear their stories and together craft tougher policies to effectively stamp out harassment.

The officials are part of an advocacy network called Local Progress.

MCDSMembers of the U.S. Congress have written similar letters and employees have ramped up pressure on McDonald’s at a time that the chain and other fast food restaurants have struggled to find and retain enough staff.

The letter said McDonald’s employees have filed more than 50 sexual harassment complaints with the U.S. Equal Employment Opportunity Commission. Reuters could not verify this because EEOC complaints are not public.

When asked to comment on the letter, McDonald’s referred to its Aug. 28 statement announcing a new training program for safe workplaces, which has support from more than 2,000 franchisees.

“Together with our franchisees, we have a responsibility to take action on this issue and are committed to promoting positive change,” said Chris Kempczinski, McDonald’s USA president. “These actions are one more step we are taking to raise awareness at all levels of McDonald’s that will transfer both inside and outside the workplace.”

Workers and those organizing them are trying to pressure McDonald’s, the largest U.S. restaurant chain by sales, to boost wages and address violence and harassment problems at its roughly 14,000 U.S. locations, most of them independently owned.

On Tuesday, workers at a Los Angeles McDonald’s walked off the job to protest, saying retaliation for reporting sexual harassment is rampant and they have been excluded from policy discussions, according to organizers and news reports – one of several similar protest in the last year and a half.

Last year, McDonald’s started working with RAINN, the largest anti-sexual violence organization in the country, to improve its policies.

McDonald’s released an announcement in August that they were implementing an even broader program focused on mitigating violence, harassment, bias and bullying, to start in October.

McDonald’s says they are doing everything they can to stop sexual harassment. In a statement, the company said:

“We have strong policies, procedures and training in place specifically designed to prevent sexual harassment. . . . To ensure we are doing all that can be done, we have engaged experts in the areas of prevention and response.”

Fast food companies and other restaurants often try to blame illegal behavior on their franchisees. Franchise arrangements are where one company buys the right to use the branding, trademarks and products of a larger company in exchange for a fee and royalties on profits. Due to how corporate controls these restaurants, it can be somewhat murky when trying to identify the responsible party: the franchisee or the corporation.

The franchising company often has policies for everything from advertising to food preparation. Franchisees, however, usually do not have the same degree of established policies and procedures for things like hiring or investigating sexual harassment complaints. This can translate to mean that such complaints do not receive the response they should under the law. 

While McDonald’s has said in multiple statements that it has implemented trainings to prevent sexual harassment in its company, it remains unclear whether McDonald’s efforts have been passed down to the franchisees. 

Sadly, many fast food workers, or employees of restaurants, fail to realize that the sexual harassment they experience in the food industry is unlawful, or that they have any recourse when management ignores their complaints.

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Power Design, an electrical contractor that’s completed more than 1,000 projects nationwide, is facing a lawsuit in the District of Columbia, where officials claim the company illegally misclassified hundreds of workers to lower wages and avoid payroll taxes.

The suit claims that instead of classifying the workers as employees, the St. Petersburg-based company used two labor brokers to classify at least 535 electrical workers as independent contractors. As a result, the workers did not receive overtime, sick pay or, in dozens of cases, even the minimum wage, according to the lawsuit. 

“Power Design cheated hundreds of district workers out of their hard-earned wages and stripped them of their legal rights,” District of Columbia Attorney General Karl Racine said in an announcement of the suit. “When companies misclassify employees as independent contractors, they steal from their workers and gain an unfair advantage over competitors that follow the law.”

The District of Columbia’s Workplace Fraud Act requires construction companies to classify workers in most circumstances as employees who are paid at least a minimum wage, overtime and other benefits, officials said.

To classify a worker as an independent contractor, a construction company has to prove that the worker does the job independently, is typically self-employed and does work that falls outside the core business of the company.

Independent contractors must pay all their own taxes, are not protected by most labor laws and do not have access to workers’ compensation or unemployment insurance.

Racine’s office also sued JVA Services and DDK Electric, contending that the Maryland-based companies acted as labor brokers to help Power Design cut costs and avoid its legal responsibilities. Their primary business, officials said, involved supplying Power Design with an average of 30 to 40 workers, but in one case as many as 90, for its projects.

Officials said that from 2014 to 2017 Power Design worked at least 10 large construction projects in the District of Columbia, among them the edgy LINE hotel and several luxury apartment complexes. 

According to the lawsuit, the company:

  • Never listed the workers in question as employees on Power Design’s payroll.
  • Paid less than the district’s minimum wage of $10.50 per hour to 24 workers in early 2016 and less than the minimum of $11.50 per hour to 39 workers after it rose in the middle of that year.
  • Did not pay at least 180 workers overtime to which employees are entitled in 2017.
  • Did not provide any misclassified employees with sick leave.
  • Did not pay unemployment insurance tax for any of the misclassified workers.
  • Cut costs to the point that it could submit low bids that won contracts away from competitors who complied with the law.

The Attorney General’s Office said it is seeking to recoup tens of thousands of dollars in unpaid minimum wages and overtime for workers, tens of thousands of dollars more in unpaid unemployment insurance taxes.

It also is seeking penalties from $1,000 to $5,000 for each misclassified worker and each failure to keep payroll records, which officials said could add up to millions of dollars in penalties.

In April, Power Design was ranked No. 2 among large companies in the Times’ annual Top Workplaces survey.

In response to the survey, Power Design said it had 526 employees, more than 130 active projects, a 70,000-square-foot national headquarters facility in St. Petersburg’s Gateway area and accumulative revenue exceeding $1 billion. The company also made the Top Workplaces list from 2013 to 2017.

Just because your employer has classified you a certain way or given you a certain job title does not mean that you are classified correctly as far as the state and federal governments are concerned. In order to qualify for the protection of federal (FLSA) or state labor law, an individual must be classified as an “employee.” Companies will often classify workers as “independent contractors” so they can avoid federal requirements to pay overtime and federal minimum wage.

Many businesses prefer to have their work performed by independent contractors rather than employees in order to avoid employment taxes and employee benefit costs. Employees are entitled to benefits and legal protections that independent contractors are not.

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On Sunday, Afton Williamson, star of ABC’s ‘The Rookie,” announced she would not be returning to the drama starring Nathan Fillion.

The Rookie actress says she was the victim of sexual harassment and racial discrimination.

The actress, who co-starred on the cop drama from showrunner Alexi Hawley (Castle), ABC Studios and Entertainment One, announced her departure from the show in a lengthy post on her verified Instagram account.

Williamson claims she experienced racial discrimination and racially charged inappropriate comments from the hair department as well as from the drama’s executive producers starting with the pilot and continuing throughout the show’s first season. What’s more, the actress says the harassment was reported to Hawley and the showrunner never passed it along to human resources. Her issues escalated into sexual assault during The Rookie’s wrap party, she said.

Sources say Entertainment One — the lead studio on The Rookie — launched and has an ongoing investigation into Williamson’s claims. It’s unclear if the investigation was opened before or after Williamson departed the show. News of her departure hit the press July 26 and sources say she made the decision to not return for season two a few days before that.

“The allegations involve a production from Entertainment One. In late June, eOne made us aware and informed us that they launched an investigation that is ongoing. The safety of working environments is a top priority for us, and we take this matter very seriously,” an ABC spokesperson said in a statement.

“We take claims of this nature very seriously. We have initiated an independent investigation which is ongoing and as such, it would not be appropriate to comment at this time,” eOne said in a statement of its own late Sunday afternoon.

Williamson’s full post from Instagram is below.

I will not be returning for Season 2 of The Rookie. I owe it to you my amazing fans to share the Truth. Throughout the filming of the pilot, I experienced Racial Discrimination/Racially Charged inappropriate comments from the hair department and bullying from Executive Producers. During the Season, it continued along with Sexual Harassment from a recurring guest star and the racist commentary & bullying from the Hair Dept. Head escalated into Sexual Assault at our Wrap party.The Sexual Harassment though reported directly to the Showrunner/EP remained undocumented and was not reported to HR as promised. The Hair Dept. Head was fired ONLY after the sexual assault and NOT for an entire year of outward racism/racially charged language and bullying behavior in and out of the Hair and Makeup trailer. HR protocol was never adhered to following the above reports given by me to my Showrunner/EP and an investigation was never issued for any of my claims. The only time I was asked to participate in an investigation was after a meeting I called in June following our Season 2 announcement. This meeting included the Showrunner and two other producers as well as my agent and SAG-AFTRA Union Rep. It was clear to all present in the meeting that the Showrunner had not shared my reports with the any of the producers. After my initial report of sexual harassment, I was assured that the actor would be fired. I was also asked to film with him the very next day as a courtesy to the script, even though we had not begun filming the episode yet. This actor reappeared on our call sheet at the end of the season, I was even written in scenes with him. I asked the Showrunner about this and he admitted to me that the actor had not been fired nor had he gotten HR involved. I was asked to return this season, and promised that “everything was handled.” The investigation hadn’t even begun and Season 2 had already started filming. I turned it down and I walked. Now is the best time in the world to be a woman and I have a platform so it’s time to use my Voice. Strength comes from within. It comes from Above. “Greater is He that is within Me than he that is in the world.”

Being able to work in an evironment that is free from discrimination and harassment of any kind is part of our basic human rights and freedoms. When unlawful conduct affects your employment, unreasonably interferes with your work performance, or creates an intimidating, hostile, or offensive work environment, our Florida Employment Discrimination Attorneys at Whittel & Melton can help you recover financial compensation for your suffering.  

We routinely represent employees who have suffered discrimination based on their race, age, disability, taking of protected leave for medical reasons, or to care for a family member under the Family and Medical Leave Act, national origin, gender – including pregnancy discrimination and sexual harassment, sexual orientation, and religion. 

We can help with all types of workplace discrimination cases, including: 

  • Acts that occur before employment begins, like discriminatory hiring practices
  • Acts that occur during employment, such as discrimination in compensation, promotions, or other terms and conditions of employment
  • Acts that result from the taking of protected leave under the Family and Medical Leave Act
  • Acts that result in employment ending, such as wrongful termination
  • Any retaliatory actions employees face from their employers following a complaint about discrimination and harassment at work

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McDonald’s has been hit with another round of lawsuits from current and former employees who claim management brushed off or ignored their experiences of sexual misconduct at work.

The Time’s Up Legal Defense Fund, the Fight For $15 movement to raise minimum wages and the American Civil Liberties Union announced the charges Tuesday, shedding light on 23 new complaints against the fast food chain and two lawsuits stemming from previous allegations.

McDonald’s cooks and cashiers at both corporate and franchise locations say they reported instances of sexual harassment and assault to their supervisors, but were either ignored or mocked, according to the lawsuits.

A McDonald’s worker from Louisiana whose co-worker allegedly attempted to rape her in a bathroom stall, said “nothing has changed” since her colleagues first began speaking out about sexual harassment at McDonald’s three years ago.

The advocacy groups, joined by “Top Chef” host Padma Lakshmi, are expected to hold a press conference outside McDonald’s corporate headquarters in Chicago later Tuesday to support the workers and raise awareness of their fight.

In a letter addressed to Lakshmi on Sunday, McDonald’s stated it’s “committed to ensuring a harassment and bias-free workplace” and outlined recent efforts the company has taken to “create safe and respectful” workplaces, including a bolstered sexual harassment policy and a hotline for reporting complaints.

“In the next two months, McDonald’s and [the nonprofit Rape, Abuse & Incest National Network] will facilitate additional conversations with U.S. restaurant employees and other relevant external stakeholder groups to help inform and further strengthen our policy and trainings,” the company wrote in its letter to Lakshmi. “These conversations underscore our commitment to continuous improvement and being responsive to the changing needs of our business and employees — now and in the future.”

A spokeswoman for McDonald’s told HuffPost that the company did not plan to address the allegations publicly outside of its letter to Lakshmi. She noted that roughly 95 percent of U.S. McDonald’s locations are independently-owned franchises and do not fall under the corporate umbrella.

Of the 23 new complaints announced Tuesday, 20 of the charges were sent to the U.S. Equal Employment Opportunity Commission and the three others were filed as civil rights lawsuits, according to a spokeswoman for Fight For $15.

Some of the workers say they were as young as 16 or 17 years old when they were subjected to sexual misconduct at McDonald’s and that their complaints resulted in their hours being cut or termination, according to the lawsuits.

Dozens of sexual harassment charges have been filed against McDonald’s since 2016.

According to a recent EEOC report, nearly 40% of women have experienced sexual harassment in the workplace. If you’re being sexually harassed at work, there is no need to suffer in silence. Our Florida Sexual Harassment Attorneys at Whittel & Melton are here to help you understand the laws set in place that protect your rights. Federal, state and local laws protect all employees from unwelcome sexual advances, threats, demands and propositions.

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The U.S. Soccer Federation has formally denied allegations of gender discrimination made by players of the U.S. women’s national team.

28 members of the current women’s player pool filed the lawsuit March 8 in U.S. District Court in Los Angeles under the Equal Pay Act and Title VII of the Civil Rights Act, alleging “institutionalized gender discrimination” that includes unequal pay with their counterparts on the men’s national team.

The USSF claims every decision made “with respect to the conduct alleged in the complaint was for legitimate business reasons and not for any discriminatory or other unlawful purpose.”

The federation has maintained the differences in pay are the result of different collective bargaining agreements that establish distinct pay structures for the two teams. Those agreements are not public.

U.S. Soccer also maintained in the response that any alleged differences in pay between the men’s and women’s national teams were not based on gender, but “differences in the aggregate revenue generated by the different teams and/or any other factor other than sex.”

The USSF and the women’s team agreed in April 2017 to a collective bargaining agreement through 2021 that gave the players higher pay and better benefits.

The federation claims the allegations do not rise to the level required for punitive damages because there is no evidence of malicious, reckless or fraudulent intent to deny the players their rights.

The lawsuit brought by current national team players is an escalation of a long-simmering dispute over pay and treatment. Five players filed a complaint in 2016 with the U.S. Equal Employment Opportunity Commission that alleged wage discrimination by the federation. The lawsuit effectively ended that EEOC complaint.

It will be interesting to see how this case plays out, as it’s illegal for an employer to pay women a different amount than their male co-workers if they are working the same job and have the same level of experience and skill. As this case shows, there are two main federal laws that make it illegal to pay women less simply based on their gender. Title VII prohibits any workplace discrimination based on sex, race, or religion. The Equal Pay Act makes it illegal for an employer to pay women a different amount for substantially similar work.

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A roofing contracting company based in Thonotosassa, Florida has paid $265,001 in back wages to 67 employees after a U.S. Department of Labor’s Wage and Hour Division (WHD) investigation found the employer violated overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

The employer also paid $17,753 in civil money penalties for repeat violations.

WHD investigators found the roofing contracting company paid employees a piece rate without regard to the number of hours they actually worked. This practice resulted in violations when employees worked more than 40 hours in a workweek, but the employer failed to pay them overtime in addition to their piece rates.

WHD also cited recordkeeping violations when the employer failed to maintain daily and weekly records of the number of hours employees worked.

If your employer is denying your overtime pay or if you work more than 40 hours in a workweek and do not see overtime on your paycheck, our Florida Unpaid Overtime Attorneys at Whittel & Melton can help you recover every penny you have worked for and deserve.

When you work more than 40 hours in a workweek, federal law mandates that you should be compensated at the rate of one and half times your hourly wage. Employees cannot be required to work more than 40 hours in a single week without additional compensation.

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Four women have joined the class action lawsuit alleging discrimination against pregnant and breastfeeding AC Transit employees.

The transportation agency allegedly discriminates and fails to accommodate pregnant women who work for them.

On of the women says she was offered a room where she was told she pump breast milk when she returned to work after her first pregnancy in 2016 – it was an old closet she describes as dirty and that had no privacy.

The woman left her job as a bus driver and now gets paid less as an AC Transit clerk, all so that she can pump.

Another woman says the company makes it difficult for expecting mothers. She joined the suit after she fell asleep at the wheel and crashed her bus while pregnant. She says she asked for lighter desk work prior to the accident but was not accommodated.

So far, four women in total allege that AC Transit refused to accommodate their pregnancy or lactation needs and that they are in violation of their legal rights.

AC Transit released a statement saying that they work with new mothers and value the importance of women in the workforce, and that “it is important to note, modifications of duties can present logistical challenges given the nature of public transit. However, ac transit adopts an individual process that takes into account accommodation options for each new mom and her newborn throughout the first year of life.”

Juggling a family and work is no easy feat, especially for new moms. Seeking a balance between earning money and parental responsibilities can be quite difficult. There are laws in place that protect pregnant and nursing mothers in the workplace. Workplace discrimination based on pregnancy and nursing is illegal, and our Florida Discrimination Attorneys at Whittel & Melton can make sure that you know what your rights are and that they remain protected.

When your employer prevents you from pumping breast milk during work hours, it may violate Title VII of the Civil Rights Act of 1964 and the Fair Labor Standards Act. Under FLSA, employers must provide breastfeeding mothers reasonable break time and a private space (other than a bathroom) to pump at work for one year following their child’s birth.

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